Does a divorce issued playfully by the husband before consummation take effect, knowing that the marriage contract had been written, and that the wife was menstruating at the time the husband uttered the divorce?
If a husband pronounces divorce unintentionally, the divorce does not take effect, provided there is a corroborating circumstance. However, if he intended the utterance but not its meaning, the divorce is valid, and its occurrence during menstruation does not affect it. Divorce before consummation (dukhūl) and valid seclusion (khalwah ṣaḥīḥah) is considered a minor irrevocable divorce (baynūnah ṣughrā), which requires a new marriage contract and a new dower for re-marriage. If a valid seclusion occurred, the divorce is revocable, and the husband's return to her during the waiting period (ʿiddah) is considered a revocation, and it counts as one divorce.
Summary from Ftawy's records · added here
Reviewed by El Fatwa's sharia committee.
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